Legal Question in Wills and Trusts in North Carolina

2nd marriage, how to do will

In 2nd marriage. I have 2 boys, he has a daughter. I sold my house to purchase house we are now in. I put 90,000 equity in home, he put $1000.00. He has property worth approx 25,000. He wants house if I die. I would like his property if he dies, but he feels it should go to daughter. I feel its unfair being I sold my house that my previous house would have gone to my children. If he dies first I get our house. If I die he gets our house and his property. He says his retirement will be enough to take care of me. I have seen nothing that assures me of what I am entitled to as far as his retirement. We both had wills before marriage, but mine is not very good now that I sold my house to purchase this one. This probaly took my boys out of their inheritance with my 1st house now that our current home is in mine and my husbands name. I do have a couple of insurance policies with them being the beneficiaries. Am I entitled to his property at all being he has a will that states his assets goes to his daughter before we were ever married? I am upset please help me with this delima. Thank you

Asked on 10/17/05, 9:46 am

1 Answer from Attorneys

J. Patrick Williams Batch & Williams, P.A.

Re: 2nd marriage, how to do will

You have certain options that may be available if you are the surviving spouse. (if your husband dies before you) North Carolina allows the surviving spouse to renounce her share under the will of the decedent spouse and take an elective share. Basically, an elective share would provide you with a certain percentage of your husband's total net assets at his death. Depending on the facts, this may entitle you to a share of the $25,000 property left for his daughter.

Feel free to contact me for further information regarding your particular issues and if you wish to modify your existing will.

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Answered on 10/17/05, 12:05 pm

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